Dissanayake Mudiyanselage Darmasena Bandara vs Wanasinghe Mudiyanselage Jayasinghe Bandara – CA RII 0086/2024-2025

In the matter of Dissanayake Mudiyanselage Darmasena Bandara (Substituted-Plaintiff-Petitioner-Petitioner) and Wanasinghe Mudiyanselage Jayasinghe Bandara (Defendant-Respondent-Respondent), the Court of Appeal addressed an application for Restitutio in Integrum to set aside a District Court order and a settlement. The Petitioner alleged fraudulent misrepresentation by the Respondent concerning ownership of adjacent State land. The Court examined the powers of appeal under the Constitution regarding such applications, considering principles of promptness and the availability of remedies for fraud or lack of consent. The Court determined that the settlement, entered with the consent and knowledge of the parties, involved admissions of fact and consent to a survey plan, which could not be wit